2023 -- H 5997

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LC000835

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO HEALTH AND SAFETY -- SUBSTANCE USE AND MENTAL HEALTH

PREVENTION AND TREATMENT FUND

     Introduced By: Representatives Craven, Caldwell, and Bennett

     Date Introduced: March 01, 2023

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

amended by adding thereto the following chapter:

CHAPTER 14.2

SUBSTANCE USE AND MENTAL HEALTH PREVENTION AND TREATMENT FUND

     23-14.2-1. Establishment of fund -- Uses of the fund.

     (a) There is established a separate fund within the general fund to be called the substance

use and mental health prevention and treatment fund which shall be administered by the general

treasurer in accordance with the same laws and fiscal procedures as the general funds of the state.

The fund shall consist of sums collected as a result of the taxpayer check-off as provided for in

§ 44-30-2.11. The general treasurer is authorized to accept any grant, devise, bequest, donation,

gift, or assignment of money, bonds, or other valuable securities for deposit in and credit of the

substance use and mental health prevention and treatment fund.

     (b) The monies received under this chapter and § 44-30-2.11 shall be made available by

the treasurer annually by September 30 to qualified organizations and shall be distributed equally

among all qualified organizations certified by the department of health for the funding year.

     (c) Upon distribution to qualified organizations, the monies shall be used exclusively for

substance use and mental health victims and their families for eligible services and emergency

services. Provided, however, that qualified organizations shall seek and are entitled to

reimbursement from a health insurance program or publicly funded assistance program, for

emergency services when the cost of emergency services would normally be provided for by the

respective program.

     (d) Any eligible organization which seeks qualified organization status for a funding year

shall submit an application to the department of health not later than July 15 of the year for which

they seek status. The application shall include:

     (1) The specific nature of the eligible and/or emergency services the eligible organization

is proposing to provide and to which group or classification(s) of substance use and mental health

victims the services are proposed to be provided;

     (2) Eligible services that the eligible organization has provided in the past year or is

currently providing and the annual cost of the services;

     (3) Whether the monies sought under this chapter will be used to fund new or existing

programs for eligible services; and

     (4) Any other information the department of health deems necessary to facilitate the

purposes of this chapter.

     (e) Upon receipt of the annual application from eligible organizations as provided in this

section, the director of the department of health shall review each application to determine if it

complies with the intent and requirements of this chapter. Upon a finding by the director of the

department of health that the application complies with the intent and requirements of this chapter,

the director of the department of health shall certify that the eligible organization has been

designated as a qualified organization for the funding year. The director of the department of health

shall provide notice of approval or denial of certification not later than September 15 to each

eligible organization that has submitted an annual application.

     (f) The director of the department of health is authorized to promulgate any rules or

regulations and prescribe forms necessary to facilitate the provisions of this chapter.

     (g) The tax administrator is authorized to amend the format of the Rhode Island personal

income tax return in order to facilitate the provisions of this chapter.

     SECTION 2. Section 44-30-2.11 of the General Laws in Chapter 44-30 entitled "Personal

Income Tax" is hereby amended to read as follows:

     44-30-2.11. Refund deduction for contribution to the substance use and mental health

prevention and treatment fund.

     (a) There shall be provided as a deduction from any refund from the Rhode Island personal

income tax otherwise due to a taxpayer for a taxable year a contribution to the substance use and

mental health leadership council of RI. The provision for the contribution shall appear on the state

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personal income tax return listed as a separate contribution as follows:

     Substance use Use and mental health Mental Health leadership council of RI Prevention

and Treatment Fund RIGL § 44-30-2.11.

     Check if you wish to contribute

     ___________ $1.00

     ___________ $5.00

     ___________ $10.00

     ___________ $ _______________ (write in amount of your tax REFUND for this

program.)

     (b) The tax administrator shall annually forward by August 1, all contributions made to the

substance use and mental health prevention and treatment fund leadership council of RI to the

general treasurer to be deposited in the fund created in § 23-14-3 23-14.2-1. The general treasurer

shall annually distribute the proceeds of the fund as prescribed in chapter 14 of title 23 14.2 of title

23.

     (c) The provisions of this section shall commence for returns filed for the tax year ending

December 31, 2018 2023.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- SUBSTANCE USE AND MENTAL HEALTH

PREVENTION AND TREATMENT FUND

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     This act would establish the substance use and mental health prevention and treatment fund

to receive the checkoff contributions from Rhode Island personal income tax returns.

     This act would take effect upon passage.

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